Gerald Taylor v. LTAC Hospital of Feliciana, LLC d/b/a AMG Specialty Hospital ( 2022 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
GERALD TAYLOR NO. 2021 CW 1232
VERSUS
LTAC HOSPITAL OF FELICIANA, MARCH 4, 2022
LLC D/ B/ A AMG SPECIALTY
HOSPITAL
In Re: LTAC Hospital of Feliciana, LLC D/ B/ A AMC Specialty
Hospital, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 698791.
BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.
WRIT GRANTED. The judgment of the district court dated
September 20, 2021, denying the motion for summary judgment
filed by defendant, LTAC Hospital of Feliciana, LLC D/ B/ A AMC
Specialty Hospital, is reversed. As to his medical malpractice
claims, the plaintiff, Gerald Taylor, failed to produce factual
support sufficient to establish the existence of a genuine issue
of material fact as to a causal link between the defendant' s
alleged negligent action and the plaintiff' s injury, which is a
necessary element of his claim. See La. R. S. 9: 2794( A); Samaha
v. Rau, 2007- 1726 ( La. 2/ 26/ 08), 977 So. 2d 880, 883- 4. Further,
regarding the plaintiff' s negligent infliction of emotional
distress claims, he failed to produce factual support sufficient
to establish a genuine issue of material fact regarding the
emotional severity of his damages, which is an essential element
of his claim. See Moresi v. State Through Department of Wildlife
and Fisheries, 567 So. 2d 1081, 1095 ( La. 1990). Therefore, the
motion for summary judgment filed by the defendant is granted,
and the plaintiff' s claims are dismissed.
JMG
GH
WRC
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT